POINT/COUNTERPOINT: Should the FDA regulate cigars?

Matthew L. Myers is the president of the Campaign for Tobacco-Free Kids,… (CONTRIBUTED PHOTO, THE…)

August 10, 2012|By Adam Clark, OF THE MORNING CALL

NO: Bill Godshall, Smokefree Pennsylvania executive director

Q: Should the Food and Drug Administration have the power to regulate large and premium cigars?

A: Although Congress granted the Food and Drug Administration the legal authority to regulate currently unregulated tobacco products under Chapter IX of the Tobacco Control Act, the agency can only do so "if the Secretary (of the Department of Health and Human Services) determines that such regulation would be appropriate for the protection of the public health." But there is no evidence that public health would benefit if those regulations are applied to cigars, pipe tobacco, e-cigarettes or any other currently unregulated tobacco product.

Q: What are the health risks of smoking large or premium cigars?

A: The disease risks of smoking large cigars are significantly lower than the risks of cigarette smoking because the vast majority of large cigar smokers don't inhale the smoke and don't smoke daily. While 75 percent of cigarette smokers inhale the smoke and smoke multiple cigarettes daily, fewer than 5 percent of premium cigar smokers do so.

Q: What type of regulations do you think the FDA would implement?

A: [PresidentBarack] Obama's FDA has already stated its intent to regulate cigars, e-cigarettes and all other currently unregulated tobacco products under Chapter IX of the Tobacco Control Act, which now applies to cigarettes, cigarette tobacco, roll your own and smokeless tobacco. If Obama isn't re-elected this year, the FDA may never propose these unwarranted regulations.

Q: How would FDA regulations affect the cigar industry?

A: Chapter IX regulations would increase cigar prices and put many small companies out of business. The only beneficiaries of FDA cigar regulations would be Philip Morris and several other large companies that can cost effectively comply and/or that have already been complying with the regulations since 2009 for cigarette and/or smokeless tobacco products. That's probably why Philip Morris opposes the legislation to exempt premium cigars from FDA regulation, as the company also lobbied Congress to regulate cigarettes and smokeless tobacco.

Q: Does the cigar industry target kids?

A: Despite repeated allegations by anti-tobacco extremists, there is no evidence that cigar companies target market to youth. The primary reason Congress required the FDA to regulate cigarettes and smokeless tobacco, but not cigars or other unregulated tobacco products, was because cigarettes and moist snuff were target marketed to youth in past decades. Besides, all 50 states have long banned cigar sales to minors, and illegal tobacco sales to minors have dramatically declined during the past 20 years to the lowest rates on record.

Bill Godshall is the executive director of Smokefree Pennsylvania, based in Pittsburgh.

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YES: Matthew Myers, president of the Campaign for Tobacco-Free Kids

Q: Should the Food and Drug Administration have the power to regulate large and premium cigars?

A: All tobacco products – including cigars – harm health, and all should be regulated by the Food and Drug Administration to prevent kids from using them and reduce the death and disease they cause. In fact, the FDA regulates products far less hazardous than cigars. Exempting some products from regulation creates loopholes that tobacco companies exploit to market to children and avoid public health regulations. For example, when the FDA prohibited candy and fruit-flavored cigarettes, tobacco companies introduced cigarette-like cigars with similar flavors and similar appeal to kids. Congress should reject legislation that would exempt some cigars from FDA regulation. Congress shouldn't create yet another loophole that helps tobacco companies market to kids.

Q: What are the health risks of smoking large or premium cigars?

A: According to the U.S. Surgeon General and the National Cancer Institute, cigar smoking causes cancer of the oral cavity (lip, tongue, mouth and throat), larynx (voice box), esophagus and lung, as well as chronic obstructive pulmonary disease (COPD) and heart disease.

Q: What type of regulations should the FDA implement?

A: The 2009 law that gave the FDA authority over tobacco products gave the agency flexibility to determine what regulations are appropriate for each type of product, based on scientific evidence and factors such as their appeal to kids and the health harms they cause. In developing regulations, the FDA can take into account whether products are marketed to and used by kids or adults. Specific regulations the FDA could impose include restrictions on marketing and sales to kids and on flavorings that appeal to kids.

Q: How would FDA regulations affect the cigar industry?

A: The FDA has not yet proposed any specific regulations, but there is no evidence that the FDA would curtail the cigar industry's ability to market and sell its products to adults. The FDA should take action to prevent the marketing and sale of tobacco products to kids, including the cheap, sweet-flavored cigars that appear to be growing in popularity with kids.

Q: Does the cigar industry target kids?

A: Many cigar products are sold with fruit and candy flavors, colorful packaging and cheap prices that make them appealing and affordable to kids. Flavors available include chocolate, strawberry, grape, peach, watermelon, sour apple, mango and banana. Unfortunately, these tactics work. Cigar smoking is the second most common form of tobacco use among youth, with recent surveys showing 17.8 percent of high school boys smoke cigars.

Matthew L. Myers is the president of the Campaign for Tobacco-Free Kids, based in Washington D.C.